1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 8, 2014, the Plaintiff entered the above information on the website, upon accessing the Internet website designated by the Plaintiff to enter the name and account number of the bank that the Plaintiff traded, its password, and its security card number, etc. from a person who misrepresented an investigator with the high-tech criminal investigation of the public prosecutor’s office and from a person who misrepresented an investigator belonging to the public prosecutor’s office.

B. On January 8, 2014, the bearers of the name account transferred KRW 11,940,728 in total to Defendant B’s bank account six times, including the following information entered by the Plaintiff without the Plaintiff’s consent, and KRW 4,790,363 in total to Defendant C’s bank account on three occasions, including the following: (a) the sum of KRW 11,940,728 in Defendant C’s bank account; and (b) the sum of KRW 5,970,344 in total to Defendant C’s bank account on three occasions; and (c) KRW 11,030,854 in Defendant D’s bank account on three occasions.

C. The Defendants, prior to the above transfer, sent a password to the bearer of the bank account by reporting the passbook or cash withdrawal card, etc., and the bearer of the account was using this to withdraw the money transferred from the Plaintiff’s bank account to the Defendant’s bank account.

[Reasons for Recognition] Each reply to the fact-finding by the Korea Post Information Center, and the purport of the whole pleadings and arguments of Gap evidence Nos. 1 to 3

2. Determination:

A. (1) The Plaintiff asserts that the Defendants are obligated to return the amount of money transferred from the Plaintiff’s bank account to the Plaintiff’s bank account without any legal ground. Thus, the Defendants are obligated to return it to the Plaintiff as unjust enrichment.

(2) Therefore, in order to recognize the obligation of a bank account holder to return unjust enrichment with respect to the money remitted to the relevant account, the account holder becomes aware of such deposit and is able to dispose of it.